Eastman v. Wamsley

McCOMB, J.

This appeal transferred by the Supreme Court to this court for decision pursuant to the provisions of article VI, section 4c of the Constitution of the state of California, is from a judgment entered on the verdict of a jury denying probate to a document dated September 28, 1935, alleged to be the last will of Margaret Martha Little, deceased.

The essential facts are:

Harry A. Watson filed a petition for the probate of a document dated August 9, 1929, alleged to be the last will of Margaret Martha Little, deceased. Thereupon, C. 0. Wamsley filed a petition alleging that said decedent left a docu.ment dated September 28, 1935, which he alleged was her last will, and prayed that the same be admitted to probate. To this petition Harry A. Watson and May C. Eastman filed contests, alleging as grounds that:

(1) At the time of the execution of the alleged will of September 28, 1935, decedent was of unsound mind.

(2) Such document was executed through the undue influence of C. 0. Wamsley.

After the contest had been duly and regularly tried, the trial judge submitted to the jury the special interrogatories hereinafter set forth, which they answered in the negative.

Appellant relies for reversal of the judgment on the following propositions:

First: The trial court erred in submitting to the jury the following special interrogatories:

(a) Was Margaret Martha Little of sound and disposing mind at the time the alleged will dated September 28, 1935, was executed?

[42]

(6)

Was said alleged will dated September 28, 1935, the free and voluntary act of said Margaret Martha Little?

Second: The trial court erred in refusing to submit to the jury the following special interrogatories requested by appellant:

(a)

Did Margaret M. Little at the time of making the will in which Wamsley is beneficiary have that quantum of mental capacity which enabled her to know and understand the nature and consequence of her act?